Procedures for registration of establishment of the multi-member limited liability company

Procedures for registration of establishment of the multi-member limited liability company

Legal Basis:

– Law on Enterprise No. 59/2020/QH14 dated June 17, 2020.

– Decree No. 01/2021/ND-CP of the Government dated January 4, 2021 on Business registration.

– Circular No. 01/2021/TT-BKHDT of the Ministry of Planning and Investment dated March 16, 2021 Guidance on business registration.

– Decision No. 885/QD-BKHDT of the Ministry of Planning and Investment dated June 30, 2021 Announcing newly promulgated, amended, supplemented, replaced, annulled, rescinded, and canceled administrative procedures publicly in The field of establishment and operation of enterprises and business households falls within the scope of management functions of the Ministry of Planning and Investment.

Procedures for registration of establishment of the multi-member limited liability company

2.1. Characteristics of multi-member limited liability company

A multiple-member limited liability company means an enterprise that has 02 – 50 members that are organizations or individuals.
A member’s liability for the enterprise’s debts and other liabilities shall be equal to the amount of capital that member contributed to the enterprise.
A multiple-member limited liability companies must not issue shares except for equitization. The company can mobilize capital based on the following methods:

Increase charter capital by adding new capital contributing members.

Increase charter capital by raising capital from members contributing capital.

Make loans from organizations or individuals.

Release Stock

2.2. Procedure

Individuals, organizations prepare dossiers in accordance with law;
Individuals, organizations submit dossiers at the Department of Planning and Investment or via electronic information system and receive an appointment letter to return results;
Department of Planning and Investment accepts, consults relevant agencies (if necessary), and completes the results;
Organization/Individual receives the results of the settlement of dossiers.

2.3. Application

Application form for enterprise registration.
The company’s charter.
List of member.
Copies of the following documents:

Legal documents of the individual for the legal representative of the enterprise;

Legal documents of the individuals, organizations are the member of company. Legal documents of the individual for the authorized representative and the document appointing the authorized representative;

In case the company owner is a foreign organization, the copy of the legal documents of the organization shall be Consular Legalization;

Investment Registration Certificate in case an enterprise is established by a foreign investor or a foreign-invested economic organization in accordance with the Investment Law and relevant guiding documents.

2.4. How to perform

Submit directly to the Business Registration Office – Department of Planning and Investment where the company is headquartered;
Submit via postal service;
Submitonline via the National Business Registration Portal.

Reference

National Business Registration Portal.: https://dangkykinhdoanh.gov.vn